HomeMy WebLinkAboutOrdinances - ORD-18-1875 - 06/04/2018 - Conditional Use Jexal'sL) .s
ORDINANCE NO. B q$' 1975
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR ANEXPANDED
SITE PLANREVIEW INACCORDANCE WITH THE DOWNTOWN OVERLAYDISTRICT
TO ALLOWA RESTAURANT, BAR, OUTDOOR SEATING WITHALCOHOL AND FOOD
SERVICE, LIVE MUSICAND ENTERTAINMENTAT 1260 N GREENSTREET
(SOUTHEAST CORNER OF GREEN STREETAND ELM STREET) STREET IN THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Mike Dumelle, 11624 Barberry
Lane, Huntley, IL 60142 requesting a Conditional Use Permit for an expanded site plan review in
accordance with the downtown overlay district to allow a restaurant, bar, outdoor seating with
alcohol and food service, live music and entertainment to develop in substantial conformance with
the site plan submitted for the property legally described on Exhibit "A" attached hereto and
incorporated herein, the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on April 11, 2018 in the manner prescribed by ordinance and statute, and as a result
of said hearing, the Planning and Zoning Commission did recommend to the City Council the
granting of the requested Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Conditional Use
Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the
public health, safety, morals and general welfare of its residents and is in conformance with the
purpose and intent, goals, and criteria for review in the Downtown Overlay District Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS9 AS FOLLOWS:
SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit for
an expanded site plan review in accordance with the downtown overlay district to allow a
restaurant, bar, outdoor seating with alcohol and food service, live music and entertainment
required to develop the subject property in substantial conformance with Site Plan submitted,
attached hereto and incorporated herein as Exhibit "B" and subject to the following conditions:
• Applicant must comply with all regulations of the McHenry County Health Department;
• Property must be developed in substantial conformance with the site plan and building
elevations prepared by CBJ Architects Professional Corporation dated 3/9/18 consisting of
four sheets;
• No outside entertainment is permitted after 10:00 pm Monday through Thursday nights, or
after 11:00 pm Friday through Sunday nights;
• A decorative -style fencing or enclosure shall be utilized to enclose the proposed outdoor
patio, which is transparent, less than 50% opacity and may include: decorative PVC, vinyl,
or wrought iron but not include chain link, solid wood or other fencing which is more than
50% opacity;
• The applicant shall comply with the Downtown Design Guidelines utilizing and enhancing
original building elements;
• In accordance with the Downtown Design Guidelines the use of box signs, exposed neon,
flashing and moving signs is prohibited.
SECTION 2: In granting approval the City Council finds that the proposal outlined herein
is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public
health, safety, morals and general welfare of its residents and is in substantial conformance with
the purpose and intent, goals, and criteria for review in the Downtown Overlay District outlined in
the Zoning Ordinance including:
• Conformance with the City of McHenry Downtown Plan;
• Conformance with the City of McHenry Downtown Design Guidelines;
• Harmony and compatibility of proposed uses with neighboring properties and
structures;
• Relationship of the proposed activity to the existing site characteristics, e.g.:
topography;
• Relationship of the proposed activity to existing vehicular and pedestrian
circulation;
• Adverse impacts on the health, safety and welfare of the general public;
• Harmony and compatibility of proposed materials and colors with neighboring
properties and structures;
• Inclusion of additional improvements intended to further the goals of the
Downtown Plan, e.g.: landscaping, decorative lighting, etc;
• Relationship to the McHenry Riverwalk (if applicable);
• Benefit associated with the development of the property, related to but not limited
to the following:
i. Economic benefits to the City;
ii. Elimination of blighted conditions;
iii. Enhancements to city tax base.
SECTION 3: All ordinances or parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
Passed this 4day of June 2018 by roll call vote as follows.
AYES: Alderwoman Condon, Alderman Curry, Alderman Devine, Alderman Glab, Alderman
Mihevc, Alderman Santi and Alderman Schaefer
NAYS: None
ABSENT: None
Signature Page Attached
Passed this 4t" day of June 2018 by roll can vote as follows:
AYES:
NAYS:
ABSENT:
ATTEST:
G CI CLERK
a
MC4RT OF TX C ]i RN'CRJ�
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Exhibit A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
(W) 3.00,00.00 S
(m:O iz9'EOl
dy
W �
�w
Fo
0
00
N O
T w
w
R
y Q
¢
rr
Wx
CO
W
O
I�
CL
m
o¢M
%
z
0
i
w¢~
aw�
W C U
U N Z
U
Z s
H = O
F- W
r O
O d
CyJ
o t-
m,W
Q
H m a
O
I
J Z
Z G
0
� I
�
O
0 U
m
I!(�• t
W W
LL
f
W
$
Y,
n b
m
•'I ti D
/J J
/ I
lI
k
w
�o
� �
I
m�
LL c a
J
1-Yzk 1- ccl-r
we: " ggy
w J
po I
y6
°g2f311 v'�',w€ "y.zu
w
oo i J
IIWI OW
BB
mocggi%ic %s
-2 �:u`w. uw.a iw
Z
L)
u
I.
O
Co
'11;4
pll"II
iIl
II0
I
w ¢e
In z
yg LL p 1 (W) 3 ,40-0040 N
ace du `d�z
GUciUpwLLLLF'J�22
w
o
�wwu:xo
S
HIJ�-ZhQ
3
w�oz0 i
•ao
��wao-:
d
y"j
-f-
c>
yy
jpz Qa-`i
c1 d
W~
w <m Q2'l.
3
gas
c y
J% o
O
%
N
¢
O2y
� �-•
a
'" o z r-
o
�'m
N ,-, to ,., Z O Q
rw J ,..•
l
O 1`• � ,Sl
wy�m
ter_
�3au m
5
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Exhibit B
SITE PLAN OF THE SUBJECT PROPERTY
osooall'tiUBFIOW
g
1" m
Q
IMIS user W OM
�" u
= i
g
R
�
ueld a}is pasodad
}ueine}saa nnaN
U a
15 z 4
6
19 $ ,, ;.
�
e
x
SJNIMb2iQ
S,lexa�
Q r
a$% 1 1
o�
o
0 Z 4
osoos�i'tius�w
U�
LLI
EJ
)SWIS UBBJ'N UOU
f" g
a 3
v� A e g
a
s
ue�d �oo� j pasod0ld
}ueme}saa nnaN
SIEXa(
U n
n o
I q; A i"
;&
I-
1!
II
:SSNMdba
Q
N g
.! a. I
.
2 s
11
:1
W
m
.W
0 0
LM
9
g g y
o D
Jexal's
DRAWINGS:
Proposed Exterior Elevations
m
9
New Restaurant
e g
3
> S
1260 N. Green Street
D
f�j
r
N
8 n
McHenry. IL 60050
€fig
gc�n
y
g
c n
Jexal's
DRAWINGS:
a
b114
3
0
New Restaurant
Proposed Exterior Elevations
1280 N. Green Street
'D
GS
8 m
$
McHenry, IL 60050
N®LLVA313133N1S VY 13
ism
om®o
== =_= ==_-== -== =`= =
NOLLVA313133H1S NSEINS
m
0 o
p a
p o
0
0900911'tiOaH3W
Lug
w
w s
NVId 3mnmunj
3eaAS uaalO'N 09Z6
h 0
R 0
g
1SIl 1N3Wdif1D3 N3HO11JI
Ndld 1N3WdUt'03 N3HOAN
}ueme}saa me
T z
u R
n
J
o 91 a
S'lexe�
A
,.
<
2
s�Nlnndaa
d
a a $
°
H
d
NY�RI
R�dl
II�IIRplll
III
N
0
0 0
F--\ /,--I
_ �■ �n i� a ii� � I
-
® fl f►■]
_eg 1 ,0)
7I F_
R I F-1 ❑ �❑ 0l L _
/
R 3
rc
F-1 ❑sl ml
i ❑ ❑
0 0�
� o n
_ w
OWN
oil
ill t�i ill m ill Ili i�l ui � ► I®® ��i �� __ _.� ��
u _ o ICI
IIIIIIIIIIIINIIIIi
■ �8 9 9 ��� ICI �� �� _ �:� ��
i�i�m m ui in i�i - In ICI i�t t�i in m in i�i I ~ ��
f�lti�i i�il�i i�i♦i�� i���i i�i ICI m t�l I�f��